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H. B. No. 217 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Butler, Burkley
Cosponsors:
Representatives Henne, Terhar
A BILL
To amend sections 5709.40, 5709.73, and 5709.78 of
the Revised Code to require reimbursement of
police and fire levy revenue foregone because of
the creation of a tax increment financing
incentive district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5709.40, 5709.73, and 5709.78 of
the Revised Code be amended to read as follows:
Sec. 5709.40. (A) As used in this section:
(1) "Blighted area" and "impacted city" have the same
meanings as in section 1728.01 of the Revised Code.
(2) "Business day" means a day of the week excluding
Saturday, Sunday, and a legal holiday as defined under section
1.14 of the Revised Code.
(3) "Housing renovation" means a project carried out for
residential purposes.
(4) "Improvement" means the increase in the assessed value of
any real property that would first appear on the tax list and
duplicate of real and public utility property after the effective
date of an ordinance adopted under this section were it not for
the exemption granted by that ordinance.
(5) "Incentive district" means an area not more than three
hundred acres in size enclosed by a continuous boundary in which a
project is being, or will be, undertaken and having one or more of
the following distress characteristics:
(a) At least fifty-one per cent of the residents of the
district have incomes of less than eighty per cent of the median
income of residents of the political subdivision in which the
district is located, as determined in the same manner specified
under section 119(b) of the "Housing and Community Development Act
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;
(b) The average rate of unemployment in the district during
the most recent twelve-month period for which data are available
is equal to at least one hundred fifty per cent of the average
rate of unemployment for this state for the same period.
(c) At least twenty per cent of the people residing in the
district live at or below the poverty level as defined in the
federal Housing and Community Development Act of 1974, 42 U.S.C.
5301, as amended, and regulations adopted pursuant to that act.
(d) The district is a blighted area.
(e) The district is in a situational distress area as
designated by the director of development under division (F) of
section 122.23 of the Revised Code.
(f) As certified by the engineer for the political
subdivision, the public infrastructure serving the district is
inadequate to meet the development needs of the district as
evidenced by a written economic development plan or urban renewal
plan for the district that has been adopted by the legislative
authority of the subdivision.
(g) The district is comprised entirely of unimproved land
that is located in a distressed area as defined in section 122.23
of the Revised Code.
(6) "Project" means development activities undertaken on one
or more parcels, including, but not limited to, construction,
expansion, and alteration of buildings or structures, demolition,
remediation, and site development, and any building or structure
that results from those activities.
(7) "Public infrastructure improvement" includes, but is not
limited to, public roads and highways; water and sewer lines;
environmental remediation; land acquisition, including acquisition
in aid of industry, commerce, distribution, or research;
demolition, including demolition on private property when
determined to be necessary for economic development purposes;
stormwater and flood remediation projects, including such projects
on private property when determined to be necessary for public
health, safety, and welfare; the provision of gas, electric, and
communications service facilities; and the enhancement of public
waterways through improvements that allow for greater public
access.
(B) The legislative authority of a municipal corporation, by
ordinance, may declare improvements to certain parcels of real
property located in the municipal corporation to be a public
purpose. Improvements with respect to a parcel that is used or to
be used for residential purposes may be declared a public purpose
under this division only if the parcel is located in a blighted
area of an impacted city. For this purpose, "parcel that is used
or to be used for residential purposes" means a parcel that, as
improved, is used or to be used for purposes that would cause the
tax commissioner to classify the parcel as residential property in
accordance with rules adopted by the commissioner under section
5713.041 of the Revised Code. Except with the approval under
division (D) of this section of the board of education of each
city, local, or exempted village school district within which the
improvements are located, not more than seventy-five per cent of
an improvement thus declared to be a public purpose may be
exempted from real property taxation for a period of not more than
ten years. The ordinance shall specify the percentage of the
improvement to be exempted from taxation and the life of the
exemption.
An ordinance adopted or amended under this division shall
designate the specific public infrastructure improvements made, to
be made, or in the process of being made by the municipal
corporation that directly benefit, or that once made will directly
benefit, the parcels for which improvements are declared to be a
public purpose. The service payments provided for in section
5709.42 of the Revised Code shall be used to finance the public
infrastructure improvements designated in the ordinance, for the
purpose described in division (D)(1) of this section or as
provided in section 5709.43 of the Revised Code.
(C)(1) The legislative authority of a municipal corporation
may adopt an ordinance creating an incentive district and
declaring improvements to parcels within the district to be a
public purpose and, except as provided in division (F) of this
section, exempt from taxation as provided in this section, but no
legislative authority of a municipal corporation that has a
population that exceeds twenty-five thousand, as shown by the most
recent federal decennial census, shall adopt an ordinance that
creates an incentive district if the sum of the taxable value of
real property in the proposed district for the preceding tax year
and the taxable value of all real property in the municipal
corporation that would have been taxable in the preceding year
were it not for the fact that the property was in an existing
incentive district and therefore exempt from taxation exceeds
twenty-five per cent of the taxable value of real property in the
municipal corporation for the preceding tax year. The ordinance
shall delineate the boundary of the district and specifically
identify each parcel within the district. A district may not
include any parcel that is or has been exempted from taxation
under division (B) of this section or that is or has been within
another district created under this division. An ordinance may
create more than one such district, and more than one ordinance
may be adopted under division (C)(1) of this section.
(2) Not later than thirty days prior to adopting an ordinance
under division (C)(1) of this section, if the municipal
corporation intends to apply for exemptions from taxation under
section 5709.911 of the Revised Code on behalf of owners of real
property located within the proposed incentive district, the
legislative authority of a municipal corporation shall conduct a
public hearing on the proposed ordinance. Not later than thirty
days prior to the public hearing, the legislative authority shall
give notice of the public hearing and the proposed ordinance by
first class mail to every real property owner whose property is
located within the boundaries of the proposed incentive district
that is the subject of the proposed ordinance.
(3)(a) An ordinance adopted under division (C)(1) of this
section shall specify the life of the incentive district and the
percentage of the improvements to be exempted, shall designate the
public infrastructure improvements made, to be made, or in the
process of being made, that benefit or serve, or, once made, will
benefit or serve parcels in the district. The ordinance also shall
identify one or more specific projects being, or to be, undertaken
in the district that place additional demand on the public
infrastructure improvements designated in the ordinance. The
project identified may, but need not be, the project under
division (C)(3)(b) of this section that places real property in
use for commercial or industrial purposes. Except as otherwise
permitted under that division, the service payments provided for
in section 5709.42 of the Revised Code shall be used to finance
the designated public infrastructure improvements, for the purpose
described in division (D)(1) or, (E), or (F) of this section, or
as provided in section 5709.43 of the Revised Code.
An ordinance adopted under division (C)(1) of this section on
or after March 30, 2006, shall not designate police or fire
equipment as public infrastructure improvements, and no service
payment provided for in section 5709.42 of the Revised Code and
received by the municipal corporation under the ordinance shall be
used for police or fire equipment.
(b) An ordinance adopted under division (C)(1) of this
section may authorize the use of service payments provided for in
section 5709.42 of the Revised Code for the purpose of housing
renovations within the incentive district, provided that the
ordinance also designates public infrastructure improvements that
benefit or serve the district, and that a project within the
district places real property in use for commercial or industrial
purposes. Service payments may be used to finance or support
loans, deferred loans, and grants to persons for the purpose of
housing renovations within the district. The ordinance shall
designate the parcels within the district that are eligible for
housing renovation. The ordinance shall state separately the
amounts or the percentages of the expected aggregate service
payments that are designated for each public infrastructure
improvement and for the general purpose of housing renovations.
(4) Except with the approval of the board of education of
each city, local, or exempted village school district within the
territory of which the incentive district is or will be located,
and subject to division (E) of this section, the life of an
incentive district shall not exceed ten years, and the percentage
of improvements to be exempted shall not exceed seventy-five per
cent. With approval of the board of education, the life of a
district may be not more than thirty years, and the percentage of
improvements to be exempted may be not more than one hundred per
cent. The approval of a board of education shall be obtained in
the manner provided in division (D) of this section.
(D)(1) If the ordinance declaring improvements to a parcel to
be a public purpose or creating an incentive district specifies
that payments in lieu of taxes provided for in section 5709.42 of
the Revised Code shall be paid to the city, local, or exempted
village, and joint vocational school district in which the parcel
or incentive district is located in the amount of the taxes that
would have been payable to the school district if the improvements
had not been exempted from taxation, the percentage of the
improvement that may be exempted from taxation may exceed
seventy-five per cent, and the exemption may be granted for up to
thirty years, without the approval of the board of education as
otherwise required under division (D)(2) of this section.
(2) Improvements with respect to a parcel may be exempted
from taxation under division (B) of this section, and improvements
to parcels within an incentive district may be exempted from
taxation under division (C) of this section, for up to ten years
or, with the approval under this paragraph of the board of
education of the city, local, or exempted village school district
within which the parcel or district is located, for up to thirty
years. The percentage of the improvement exempted from taxation
may, with such approval, exceed seventy-five per cent, but shall
not exceed one hundred per cent. Not later than forty-five
business days prior to adopting an ordinance under this section
declaring improvements to be a public purpose that is subject to
approval by a board of education under this division, the
legislative authority shall deliver to the board of education a
notice stating its intent to adopt an ordinance making that
declaration. The notice regarding improvements with respect to a
parcel under division (B) of this section shall identify the
parcels for which improvements are to be exempted from taxation,
provide an estimate of the true value in money of the
improvements, specify the period for which the improvements would
be exempted from taxation and the percentage of the improvement
that would be exempted, and indicate the date on which the
legislative authority intends to adopt the ordinance. The notice
regarding improvements to parcels within an incentive district
under division (C) of this section shall delineate the boundaries
of the district, specifically identify each parcel within the
district, identify each anticipated improvement in the district,
provide an estimate of the true value in money of each such
improvement, specify the life of the district and the percentage
of improvements that would be exempted, and indicate the date on
which the legislative authority intends to adopt the ordinance.
The board of education, by resolution adopted by a majority of the
board, may approve the exemption for the period or for the
exemption percentage specified in the notice; may disapprove the
exemption for the number of years in excess of ten, may disapprove
the exemption for the percentage of the improvement to be exempted
in excess of seventy-five per cent, or both; or may approve the
exemption on the condition that the legislative authority and the
board negotiate an agreement providing for compensation to the
school district equal in value to a percentage of the amount of
taxes exempted in the eleventh and subsequent years of the
exemption period or, in the case of exemption percentages in
excess of seventy-five per cent, compensation equal in value to a
percentage of the taxes that would be payable on the portion of
the improvement in excess of seventy-five per cent were that
portion to be subject to taxation, or other mutually agreeable
compensation. If an agreement is negotiated between the
legislative authority and the board to compensate the school
district for all or part of the taxes exempted, including
agreements for payments in lieu of taxes under section 5709.42 of
the Revised Code, the legislative authority shall compensate the
joint vocational school district within which the parcel or
district is located at the same rate and under the same terms
received by the city, local, or exempted village school district.
(3) The board of education shall certify its resolution to
the legislative authority not later than fourteen days prior to
the date the legislative authority intends to adopt the ordinance
as indicated in the notice. If the board of education and the
legislative authority negotiate a mutually acceptable compensation
agreement, the ordinance may declare the improvements a public
purpose for the number of years specified in the ordinance or, in
the case of exemption percentages in excess of seventy-five per
cent, for the exemption percentage specified in the ordinance. In
either case, if the board and the legislative authority fail to
negotiate a mutually acceptable compensation agreement, the
ordinance may declare the improvements a public purpose for not
more than ten years, and shall not exempt more than seventy-five
per cent of the improvements from taxation. If the board fails to
certify a resolution to the legislative authority within the time
prescribed by this division, the legislative authority thereupon
may adopt the ordinance and may declare the improvements a public
purpose for up to thirty years, or, in the case of exemption
percentages proposed in excess of seventy-five per cent, for the
exemption percentage specified in the ordinance. The legislative
authority may adopt the ordinance at any time after the board of
education certifies its resolution approving the exemption to the
legislative authority, or, if the board approves the exemption on
the condition that a mutually acceptable compensation agreement be
negotiated, at any time after the compensation agreement is agreed
to by the board and the legislative authority.
(4) If a board of education has adopted a resolution waiving
its right to approve exemptions from taxation under this section
and the resolution remains in effect, approval of exemptions by
the board is not required under division (D) of this section. If a
board of education has adopted a resolution allowing a legislative
authority to deliver the notice required under division (D) of
this section fewer than forty-five business days prior to the
legislative authority's adoption of the ordinance, the legislative
authority shall deliver the notice to the board not later than the
number of days prior to such adoption as prescribed by the board
in its resolution. If a board of education adopts a resolution
waiving its right to approve agreements or shortening the
notification period, the board shall certify a copy of the
resolution to the legislative authority. If the board of education
rescinds such a resolution, it shall certify notice of the
rescission to the legislative authority.
(5) If the legislative authority is not required by division
(D) of this section to notify the board of education of the
legislative authority's intent to declare improvements to be a
public purpose, the legislative authority shall comply with the
notice requirements imposed under section 5709.83 of the Revised
Code, unless the board has adopted a resolution under that section
waiving its right to receive such a notice.
(E)(1) If a proposed ordinance under division (C)(1) of this
section exempts improvements with respect to a parcel within an
incentive district for more than ten years, or the percentage of
the improvement exempted from taxation exceeds seventy-five per
cent, not later than forty-five business days prior to adopting
the ordinance the legislative authority of the municipal
corporation shall deliver to the board of county commissioners of
the county within which the incentive district will be located a
notice that states its intent to adopt an ordinance creating an
incentive district. The notice shall include a copy of the
proposed ordinance, identify the parcels for which improvements
are to be exempted from taxation, provide an estimate of the true
value in money of the improvements, specify the period of time for
which the improvements would be exempted from taxation, specify
the percentage of the improvements that would be exempted from
taxation, and indicate the date on which the legislative authority
intends to adopt the ordinance.
(2) The board of county commissioners, by resolution adopted
by a majority of the board, may object to the exemption for the
number of years in excess of ten, may object to the exemption for
the percentage of the improvement to be exempted in excess of
seventy-five per cent, or both. If the board of county
commissioners objects, the board may negotiate a mutually
acceptable compensation agreement with the legislative authority.
In no case shall the compensation provided to the board exceed the
property taxes forgone due to the exemption. If the board of
county commissioners objects, and the board and legislative
authority fail to negotiate a mutually acceptable compensation
agreement, the ordinance adopted under division (C)(1) of this
section shall provide to the board compensation in the eleventh
and subsequent years of the exemption period equal in value to not
more than fifty per cent of the taxes that would be payable to the
county or, if the board's objection includes an objection to an
exemption percentage in excess of seventy-five per cent,
compensation equal in value to not more than fifty per cent of the
taxes that would be payable to the county, on the portion of the
improvement in excess of seventy-five per cent, were that portion
to be subject to taxation. The board of county commissioners shall
certify its resolution to the legislative authority not later than
thirty days after receipt of the notice.
(3) If the board of county commissioners does not object or
fails to certify its resolution objecting to an exemption within
thirty days after receipt of the notice, the legislative authority
may adopt the ordinance, and no compensation shall be provided to
the board of county commissioners. If the board timely certifies
its resolution objecting to the ordinance, the legislative
authority may adopt the ordinance at any time after a mutually
acceptable compensation agreement is agreed to by the board and
the legislative authority, or, if no compensation agreement is
negotiated, at any time after the legislative authority agrees in
the proposed ordinance to provide compensation to the board of
fifty per cent of the taxes that would be payable to the county in
the eleventh and subsequent years of the exemption period or on
the portion of the improvement in excess of seventy-five per cent,
were that portion to be subject to taxation.
(F) Service payments in lieu of taxes that are attributable
to any amount by which the effective tax rate of either a renewal
levy with an increase or a replacement levy exceeds the effective
tax rate of the levy renewed or replaced, or that are attributable
to an additional levy, for a levy authorized by the voters for any
of the following purposes on or after January 1, 2006, and which
are provided pursuant to an ordinance creating an incentive
district under division (C)(1) of this section that is adopted on
or after January 1, 2006, shall be distributed to the appropriate
taxing authority as required under division (C) of section 5709.42
of the Revised Code in an amount equal to the amount of taxes from
that additional levy or from the increase in the effective tax
rate of such renewal or replacement levy that would have been
payable to that taxing authority from the following levies were it
not for the exemption authorized under division (C) of this
section:
(1) A tax levied under division (L) of section 5705.19 or
section 5705.191 of the Revised Code for community mental
retardation and developmental disabilities programs and services
pursuant to Chapter 5126. of the Revised Code;
(2) A tax levied under division (Y) of section 5705.19 of the
Revised Code for providing or maintaining senior citizens services
or facilities;
(3) A tax levied under section 5705.22 of the Revised Code
for county hospitals;
(4) A tax levied by a joint-county district or by a county
under section 5705.19, 5705.191, or 5705.221 of the Revised Code
for alcohol, drug addiction, and mental health services or
facilities;
(5) A tax levied under section 5705.23 of the Revised Code
for library purposes;
(6) A tax levied under section 5705.24 of the Revised Code
for the support of children services and the placement and care of
children;
(7) A tax levied under division (Z) of section 5705.19 of the
Revised Code for the provision and maintenance of zoological park
services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of
section 5705.19 of the Revised Code for the support of township
park districts;
(9) A tax levied under division (A), (F), or (H) of section
5705.19 of the Revised Code for parks and recreational purposes of
a joint recreation district organized pursuant to division (B) of
section 755.14 of the Revised Code;
(10) A tax levied under section 1545.20 or 1545.21 of the
Revised Code for park district purposes;
(11) A tax levied under section 5705.191 of the Revised Code
for the purpose of making appropriations for public assistance;
human or social services; public relief; public welfare; public
health and hospitalization; and support of general hospitals;
(12) A tax levied under section 3709.29 of the Revised Code
for a general health district program;
(13) A tax levied under section 505.39 or division (I) of
section 5705.19 of the Revised Code for the purpose of funding
fire, emergency medical, and ambulance services as described in
that section and division;
(14) A tax levied under division (J) of section 5705.19 of
the Revised Code for the purpose of police protection, emergency
medical, and ambulance services as described in that division.
(G) An exemption from taxation granted under this section
commences with the tax year specified in the ordinance so long as
the year specified in the ordinance commences after the effective
date of the ordinance. If the ordinance specifies a year
commencing before the effective date of the resolution or
specifies no year whatsoever, the exemption commences with the tax
year in which an exempted improvement first appears on the tax
list and duplicate of real and public utility property and that
commences after the effective date of the ordinance. Except as
otherwise provided in this division, the exemption ends on the
date specified in the ordinance as the date the improvement ceases
to be a public purpose or the incentive district expires, or ends
on the date on which the public infrastructure improvements and
housing renovations are paid in full from the municipal public
improvement tax increment equivalent fund established under
division (A) of section 5709.43 of the Revised Code, whichever
occurs first. The exemption of an improvement with respect to a
parcel or within an incentive district may end on a later date, as
specified in the ordinance, if the legislative authority and the
board of education of the city, local, or exempted village school
district within which the parcel or district is located have
entered into a compensation agreement under section 5709.82 of the
Revised Code with respect to the improvement, and the board of
education has approved the term of the exemption under division
(D)(2) of this section, but in no case shall the improvement be
exempted from taxation for more than thirty years. Exemptions
shall be claimed and allowed in the same manner as in the case of
other real property exemptions. If an exemption status changes
during a year, the procedure for the apportionment of the taxes
for that year is the same as in the case of other changes in tax
exemption status during the year.
(H) Additional municipal financing of public infrastructure
improvements and housing renovations may be provided by any
methods that the municipal corporation may otherwise use for
financing such improvements or renovations. If the municipal
corporation issues bonds or notes to finance the public
infrastructure improvements and housing renovations and pledges
money from the municipal public improvement tax increment
equivalent fund to pay the interest on and principal of the bonds
or notes, the bonds or notes are not subject to Chapter 133. of
the Revised Code.
(I) The municipal corporation, not later than fifteen days
after the adoption of an ordinance under this section, shall
submit to the director of development a copy of the ordinance. On
or before the thirty-first day of March of each year, the
municipal corporation shall submit a status report to the director
of development. The report shall indicate, in the manner
prescribed by the director, the progress of the project during
each year that an exemption remains in effect, including a summary
of the receipts from service payments in lieu of taxes;
expenditures of money from the funds created under section 5709.43
of the Revised Code; a description of the public infrastructure
improvements and housing renovations financed with such
expenditures; and a quantitative summary of changes in employment
and private investment resulting from each project.
(J) Nothing in this section shall be construed to prohibit a
legislative authority from declaring to be a public purpose
improvements with respect to more than one parcel.
(K) If a parcel is located in a new community district in
which the new community authority imposes a community development
charge on the basis of rentals received from leases of real
property as described in division (L)(2) of section 349.01 of the
Revised Code, the parcel may not be exempted from taxation under
this section.
Sec. 5709.73. (A) As used in this section and section
5709.74 of the Revised Code:
(1) "Business day" means a day of the week excluding
Saturday, Sunday, and a legal holiday as defined in section 1.14
of the Revised Code.
(2) "Further improvements" or "improvements" means the
increase in the assessed value of real property that would first
appear on the tax list and duplicate of real and public utility
property after the effective date of a resolution adopted under
this section were it not for the exemption granted by that
resolution. For purposes of division (B) of this section,
"improvements" do not include any property used or to be used for
residential purposes. For this purpose, "property that is used or
to be used for residential purposes" means property that, as
improved, is used or to be used for purposes that would cause the
tax commissioner to classify the property as residential property
in accordance with rules adopted by the commissioner under section
5713.041 of the Revised Code.
(3) "Housing renovation" means a project carried out for
residential purposes.
(4) "Incentive district" has the same meaning as in section
5709.40 of the Revised Code, except that a blighted area is in the
unincorporated area of a township.
(5) "Project" and "public infrastructure improvement" have
the same meanings as in section 5709.40 of the Revised Code.
(B) A board of township trustees may, by unanimous vote,
adopt a resolution that declares to be a public purpose any public
infrastructure improvements made that are necessary for the
development of certain parcels of land located in the
unincorporated area of the township. Except with the approval
under division (D) of this section of the board of education of
each city, local, or exempted village school district within which
the improvements are located, the resolution may exempt from real
property taxation not more than seventy-five per cent of further
improvements to a parcel of land that directly benefits from the
public infrastructure improvements, for a period of not more than
ten years. The resolution shall specify the percentage of the
further improvements to be exempted and the life of the exemption.
(C)(1) A board of township trustees may adopt, by unanimous
vote, a resolution creating an incentive district and declaring
improvements to parcels within the district to be a public purpose
and, except as provided in division (F) of this section, exempt
from taxation as provided in this section, but no board of
township trustees of a township that has a population that exceeds
twenty-five thousand, as shown by the most recent federal
decennial census, shall adopt a resolution that creates an
incentive district if the sum of the taxable value of real
property in the proposed district for the preceding tax year and
the taxable value of all real property in the township that would
have been taxable in the preceding year were it not for the fact
that the property was in an existing incentive district and
therefore exempt from taxation exceeds twenty-five per cent of the
taxable value of real property in the township for the preceding
tax year. The district shall be located within the unincorporated
area of the township and shall not include any territory that is
included within a district created under division (B) of section
5709.78 of the Revised Code. The resolution shall delineate the
boundary of the district and specifically identify each parcel
within the district. A district may not include any parcel that is
or has been exempted from taxation under division (B) of this
section or that is or has been within another district created
under this division. A resolution may create more than one
district, and more than one resolution may be adopted under
division (C)(1) of this section.
(2) Not later than thirty days prior to adopting a resolution
under division (C)(1) of this section, if the township intends to
apply for exemptions from taxation under section 5709.911 of the
Revised Code on behalf of owners of real property located within
the proposed incentive district, the board shall conduct a public
hearing on the proposed resolution. Not later than thirty days
prior to the public hearing, the board shall give notice of the
public hearing and the proposed resolution by first class mail to
every real property owner whose property is located within the
boundaries of the proposed incentive district that is the subject
of the proposed resolution.
(3)(a) A resolution adopted under division (C)(1) of this
section shall specify the life of the incentive district and the
percentage of the improvements to be exempted, shall designate the
public infrastructure improvements made, to be made, or in the
process of being made, that benefit or serve, or, once made, will
benefit or serve parcels in the district. The resolution also
shall identify one or more specific projects being, or to be,
undertaken in the district that place additional demand on the
public infrastructure improvements designated in the resolution.
The project identified may, but need not be, the project under
division (C)(3)(b) of this section that places real property in
use for commercial or industrial purposes.
A resolution adopted under division (C)(1) of this section on
or after March 30, 2006, shall not designate police or fire
equipment as public infrastructure improvements, and no service
payment provided for in section 5709.74 of the Revised Code and
received by the township under the resolution shall be used for
police or fire equipment.
(b) A resolution adopted under division (C)(1) of this
section may authorize the use of service payments provided for in
section 5709.74 of the Revised Code for the purpose of housing
renovations within the incentive district, provided that the
resolution also designates public infrastructure improvements that
benefit or serve the district, and that a project within the
district places real property in use for commercial or industrial
purposes. Service payments may be used to finance or support
loans, deferred loans, and grants to persons for the purpose of
housing renovations within the district. The resolution shall
designate the parcels within the district that are eligible for
housing renovations. The resolution shall state separately the
amount or the percentages of the expected aggregate service
payments that are designated for each public infrastructure
improvement and for the purpose of housing renovations.
(4) Except with the approval of the board of education of
each city, local, or exempted village school district within the
territory of which the incentive district is or will be located,
and subject to division (E) of this section, the life of an
incentive district shall not exceed ten years, and the percentage
of improvements to be exempted shall not exceed seventy-five per
cent. With approval of the board of education, the life of a
district may be not more than thirty years, and the percentage of
improvements to be exempted may be not more than one hundred per
cent. The approval of a board of education shall be obtained in
the manner provided in division (D) of this section.
(D) Improvements with respect to a parcel may be exempted
from taxation under division (B) of this section, and improvements
to parcels within an incentive district may be exempted from
taxation under division (C) of this section, for up to ten years
or, with the approval of the board of education of the city,
local, or exempted village school district within which the parcel
or district is located, for up to thirty years. The percentage of
the improvements exempted from taxation may, with such approval,
exceed seventy-five per cent, but shall not exceed one hundred per
cent. Not later than forty-five business days prior to adopting a
resolution under this section declaring improvements to be a
public purpose that is subject to approval by a board of education
under this division, the board of township trustees shall deliver
to the board of education a notice stating its intent to adopt a
resolution making that declaration. The notice regarding
improvements with respect to a parcel under division (B) of this
section shall identify the parcels for which improvements are to
be exempted from taxation, provide an estimate of the true value
in money of the improvements, specify the period for which the
improvements would be exempted from taxation and the percentage of
the improvements that would be exempted, and indicate the date on
which the board of township trustees intends to adopt the
resolution. The notice regarding improvements made under division
(C) of this section to parcels within an incentive district shall
delineate the boundaries of the district, specifically identify
each parcel within the district, identify each anticipated
improvement in the district, provide an estimate of the true value
in money of each such improvement, specify the life of the
district and the percentage of improvements that would be
exempted, and indicate the date on which the board of township
trustees intends to adopt the resolution. The board of education,
by resolution adopted by a majority of the board, may approve the
exemption for the period or for the exemption percentage specified
in the notice; may disapprove the exemption for the number of
years in excess of ten, may disapprove the exemption for the
percentage of the improvements to be exempted in excess of
seventy-five per cent, or both; or may approve the exemption on
the condition that the board of township trustees and the board of
education negotiate an agreement providing for compensation to the
school district equal in value to a percentage of the amount of
taxes exempted in the eleventh and subsequent years of the
exemption period or, in the case of exemption percentages in
excess of seventy-five per cent, compensation equal in value to a
percentage of the taxes that would be payable on the portion of
the improvements in excess of seventy-five per cent were that
portion to be subject to taxation, or other mutually agreeable
compensation.
The board of education shall certify its resolution to the
board of township trustees not later than fourteen days prior to
the date the board of township trustees intends to adopt the
resolution as indicated in the notice. If the board of education
and the board of township trustees negotiate a mutually acceptable
compensation agreement, the resolution may declare the
improvements a public purpose for the number of years specified in
the resolution or, in the case of exemption percentages in excess
of seventy-five per cent, for the exemption percentage specified
in the resolution. In either case, if the board of education and
the board of township trustees fail to negotiate a mutually
acceptable compensation agreement, the resolution may declare the
improvements a public purpose for not more than ten years, and
shall not exempt more than seventy-five per cent of the
improvements from taxation. If the board of education fails to
certify a resolution to the board of township trustees within the
time prescribed by this section, the board of township trustees
thereupon may adopt the resolution and may declare the
improvements a public purpose for up to thirty years or, in the
case of exemption percentages proposed in excess of seventy-five
per cent, for the exemption percentage specified in the
resolution. The board of township trustees may adopt the
resolution at any time after the board of education certifies its
resolution approving the exemption to the board of township
trustees, or, if the board of education approves the exemption on
the condition that a mutually acceptable compensation agreement be
negotiated, at any time after the compensation agreement is agreed
to by the board of education and the board of township trustees.
If a mutually acceptable compensation agreement is negotiated
between the board of township trustees and the board of education,
including agreements for payments in lieu of taxes under section
5709.74 of the Revised Code, the board of township trustees shall
compensate the joint vocational school district within which the
parcel or district is located at the same rate and under the same
terms received by the city, local, or exempted village school
district.
If a board of education has adopted a resolution waiving its
right to approve exemptions from taxation under this section and
the resolution remains in effect, approval of such exemptions by
the board of education is not required under division (D) of this
section. If a board of education has adopted a resolution allowing
a board of township trustees to deliver the notice required under
division (D) of this section fewer than forty-five business days
prior to adoption of the resolution by the board of township
trustees, the board of township trustees shall deliver the notice
to the board of education not later than the number of days prior
to the adoption as prescribed by the board of education in its
resolution. If a board of education adopts a resolution waiving
its right to approve exemptions or shortening the notification
period, the board of education shall certify a copy of the
resolution to the board of township trustees. If the board of
education rescinds the resolution, it shall certify notice of the
rescission to the board of township trustees.
If the board of township trustees is not required by division
(D) of this section to notify the board of education of the board
of township trustees' intent to declare improvements to be a
public purpose, the board of township trustees shall comply with
the notice requirements imposed under section 5709.83 of the
Revised Code before taking formal action to adopt the resolution
making that declaration, unless the board of education has adopted
a resolution under that section waiving its right to receive the
notice.
(E)(1) If a proposed resolution under division (C)(1) of this
section exempts improvements with respect to a parcel within an
incentive district for more than ten years, or the percentage of
the improvement exempted from taxation exceeds seventy-five per
cent, not later than forty-five business days prior to adopting
the resolution the board of township trustees shall deliver to the
board of county commissioners of the county within which the
incentive district is or will be located a notice that states its
intent to adopt a resolution creating an incentive district. The
notice shall include a copy of the proposed resolution, identify
the parcels for which improvements are to be exempted from
taxation, provide an estimate of the true value in money of the
improvements, specify the period of time for which the
improvements would be exempted from taxation, specify the
percentage of the improvements that would be exempted from
taxation, and indicate the date on which the board of township
trustees intends to adopt the resolution.
(2) The board of county commissioners, by resolution adopted
by a majority of the board, may object to the exemption for the
number of years in excess of ten, may object to the exemption for
the percentage of the improvement to be exempted in excess of
seventy-five per cent, or both. If the board of county
commissioners objects, the board may negotiate a mutually
acceptable compensation agreement with the board of township
trustees. In no case shall the compensation provided to the board
of county commissioners exceed the property taxes foregone due to
the exemption. If the board of county commissioners objects, and
the board of county commissioners and board of township trustees
fail to negotiate a mutually acceptable compensation agreement,
the resolution adopted under division (C)(1) of this section shall
provide to the board of county commissioners compensation in the
eleventh and subsequent years of the exemption period equal in
value to not more than fifty per cent of the taxes that would be
payable to the county or, if the board of county commissioner's
objection includes an objection to an exemption percentage in
excess of seventy-five per cent, compensation equal in value to
not more than fifty per cent of the taxes that would be payable to
the county, on the portion of the improvement in excess of
seventy-five per cent, were that portion to be subject to
taxation. The board of county commissioners shall certify its
resolution to the board of township trustees not later than thirty
days after receipt of the notice.
(3) If the board of county commissioners does not object or
fails to certify its resolution objecting to an exemption within
thirty days after receipt of the notice, the board of township
trustees may adopt its resolution, and no compensation shall be
provided to the board of county commissioners. If the board of
county commissioners timely certifies its resolution objecting to
the trustees' resolution, the board of township trustees may adopt
its resolution at any time after a mutually acceptable
compensation agreement is agreed to by the board of county
commissioners and the board of township trustees, or, if no
compensation agreement is negotiated, at any time after the board
of township trustees agrees in the proposed resolution to provide
compensation to the board of county commissioners of fifty per
cent of the taxes that would be payable to the county in the
eleventh and subsequent years of the exemption period or on the
portion of the improvement in excess of seventy-five per cent,
were that portion to be subject to taxation.
(F) Service payments in lieu of taxes that are attributable
to any amount by which the effective tax rate of either a renewal
levy with an increase or a replacement levy exceeds the effective
tax rate of the levy renewed or replaced, or that are attributable
to an additional levy, for a levy authorized by the voters for any
of the following purposes on or after January 1, 2006, and which
are provided pursuant to a resolution creating an incentive
district under division (C)(1) of this section that is adopted on
or after January 1, 2006, shall be distributed to the appropriate
taxing authority as required under division (C) of section 5709.74
of the Revised Code in an amount equal to the amount of taxes from
that additional levy or from the increase in the effective tax
rate of such renewal or replacement levy that would have been
payable to that taxing authority from the following levies were it
not for the exemption authorized under division (C) of this
section:
(1) A tax levied under division (L) of section 5705.19 or
section 5705.191 of the Revised Code for community mental
retardation and developmental disabilities programs and services
pursuant to Chapter 5126. of the Revised Code;
(2) A tax levied under division (Y) of section 5705.19 of the
Revised Code for providing or maintaining senior citizens services
or facilities;
(3) A tax levied under section 5705.22 of the Revised Code
for county hospitals;
(4) A tax levied by a joint-county district or by a county
under section 5705.19, 5705.191, or 5705.221 of the Revised Code
for alcohol, drug addiction, and mental health services or
families;
(5) A tax levied under section 5705.23 of the Revised Code
for library purposes;
(6) A tax levied under section 5705.24 of the Revised Code
for the support of children services and the placement and care of
children;
(7) A tax levied under division (Z) of section 5705.19 of the
Revised Code for the provision and maintenance of zoological park
services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of
section 5705.19 of the Revised Code for the support of township
park districts;
(9) A tax levied under division (A), (F), or (H) of section
5705.19 of the Revised Code for parks and recreational purposes of
a joint recreation district organized pursuant to division (B) of
section 755.14 of the Revised Code;
(10) A tax levied under section 1545.20 or 1545.21 of the
Revised Code for park district purposes;
(11) A tax levied under section 5705.191 of the Revised Code
for the purpose of making appropriations for public assistance;
human or social services; public relief; public welfare; public
health and hospitalization; and support of general hospitals;
(12) A tax levied under section 3709.29 of the Revised Code
for a general health district program;
(13) A tax levied under section 505.39 or division (I) of
section 5705.19 of the Revised Code for the purpose of funding
fire, emergency medical, and ambulance services as described in
that section and division;
(14) A tax levied under division (J) of section 5705.19 of
the Revised Code for the purpose of police protection, emergency
medical, and ambulance services as described in that division.
(G) An exemption from taxation granted under this section
commences with the tax year specified in the resolution so long as
the year specified in the resolution commences after the effective
date of the resolution. If the resolution specifies a year
commencing before the effective date of the resolution or
specifies no year whatsoever, the exemption commences with the tax
year in which an exempted improvement first appears on the tax
list and duplicate of real and public utility property and that
commences after the effective date of the resolution. Except as
otherwise provided in this division, the exemption ends on the
date specified in the resolution as the date the improvement
ceases to be a public purpose or the incentive district expires,
or ends on the date on which the public infrastructure
improvements and housing renovations are paid in full from the
township public improvement tax increment equivalent fund
established under section 5709.75 of the Revised Code, whichever
occurs first. The exemption of an improvement with respect to a
parcel or within an incentive district may end on a later date, as
specified in the resolution, if the board of township trustees and
the board of education of the city, local, or exempted village
school district within which the parcel or district is located
have entered into a compensation agreement under section 5709.82
of the Revised Code with respect to the improvement and the board
of education has approved the term of the exemption under division
(D) of this section, but in no case shall the improvement be
exempted from taxation for more than thirty years. The board of
township trustees may, by majority vote, adopt a resolution
permitting the township to enter into such agreements as the board
finds necessary or appropriate to provide for the construction or
undertaking of public infrastructure improvements and housing
renovations. Any exemption shall be claimed and allowed in the
same or a similar manner as in the case of other real property
exemptions. If an exemption status changes during a tax year, the
procedure for the apportionment of the taxes for that year is the
same as in the case of other changes in tax exemption status
during the year.
(H) The board of township trustees may issue the notes of the
township to finance all costs pertaining to the construction or
undertaking of public infrastructure improvements and housing
renovations made pursuant to this section. The notes shall be
signed by the board and attested by the signature of the township
fiscal officer, shall bear interest not to exceed the rate
provided in section 9.95 of the Revised Code, and are not subject
to Chapter 133. of the Revised Code. The resolution authorizing
the issuance of the notes shall pledge the funds of the township
public improvement tax increment equivalent fund established
pursuant to section 5709.75 of the Revised Code to pay the
interest on and principal of the notes. The notes, which may
contain a clause permitting prepayment at the option of the board,
shall be offered for sale on the open market or given to the
vendor or contractor if no sale is made.
(I) The township, not later than fifteen days after the
adoption of a resolution under this section, shall submit to the
director of development a copy of the resolution. On or before the
thirty-first day of March of each year, the township shall submit
a status report to the director of development. The report shall
indicate, in the manner prescribed by the director, the progress
of the project during each year that the exemption remains in
effect, including a summary of the receipts from service payments
in lieu of taxes; expenditures of money from the fund created
under section 5709.75 of the Revised Code; a description of the
public infrastructure improvements and housing renovations
financed with the expenditures; and a quantitative summary of
changes in private investment resulting from each project.
(J) Nothing in this section shall be construed to prohibit a
board of township trustees from declaring to be a public purpose
improvements with respect to more than one parcel.
If a parcel is located in a new community district in which
the new community authority imposes a community development charge
on the basis of rentals received from leases of real property as
described in division (L)(2) of section 349.01 of the Revised
Code, the parcel may not be exempted from taxation under this
section.
(K) A board of township trustees that adopted a resolution
under this section prior to July 21, 1994, may amend that
resolution to include any additional public infrastructure
improvement. A board of township trustees that seeks by the
amendment to utilize money from its township public improvement
tax increment equivalent fund for land acquisition in aid of
industry, commerce, distribution, or research, demolition on
private property, or stormwater and flood remediation projects may
do so provided that the board currently is a party to a
hold-harmless agreement with the board of education of the city,
local, or exempted village school district within the territory of
which are located the parcels that are subject to an exemption.
For the purposes of this division, a "hold-harmless agreement"
means an agreement under which the board of township trustees
agrees to compensate the school district for one hundred per cent
of the tax revenue that the school district would have received
from further improvements to parcels designated in the resolution
were it not for the exemption granted by the resolution.
Sec. 5709.78. (A) A board of county commissioners may, by
resolution, declare improvements to certain parcels of real
property located in the unincorporated territory of the county to
be a public purpose. Except with the approval under division (C)
of this section of the board of education of each city, local, or
exempted village school district within which the improvements are
located, not more than seventy-five per cent of an improvement
thus declared to be a public purpose may be exempted from real
property taxation, for a period of not more than ten years. The
resolution shall specify the percentage of the improvement to be
exempted and the life of the exemption.
A resolution adopted under this division shall designate the
specific public infrastructure improvements made, to be made, or
in the process of being made by the county that directly benefit,
or that once made will directly benefit, the parcels for which
improvements are declared to be a public purpose. The service
payments provided for in section 5709.79 of the Revised Code shall
be used to finance the public infrastructure improvements
designated in the resolution, or as provided in section 5709.80 of
the Revised Code.
(B)(1) A board of county commissioners may adopt a resolution
creating an incentive district and declaring improvements to
parcels within the district to be a public purpose and, except as
provided in division (E) of this section, exempt from taxation as
provided in this section, but no board of county commissioners of
a county that has a population that exceeds twenty-five thousand,
as shown by the most recent federal decennial census, shall adopt
a resolution that creates an incentive district if the sum of the
taxable value of real property in the proposed district for the
preceding tax year and the taxable value of all real property in
the county that would have been taxable in the preceding year were
it not for the fact that the property was in an existing incentive
district and therefore exempt from taxation exceeds twenty-five
per cent of the taxable value of real property in the county for
the preceding tax year. The district shall be located within the
unincorporated territory of the county and shall not include any
territory that is included within a district created under
division (C) of section 5709.73 of the Revised Code. The
resolution shall delineate the boundary of the district and
specifically identify each parcel within the district. A district
may not include any parcel that is or has been exempted from
taxation under division (A) of this section or that is or has been
within another district created under this division. A resolution
may create more than one such district, and more than one
resolution may be adopted under division (B)(1) of this section.
(2) Not later than thirty days prior to adopting a resolution
under division (B)(1) of this section, if the county intends to
apply for exemptions from taxation under section 5709.911 of the
Revised Code on behalf of owners of real property located within
the proposed incentive district, the board of county commissioners
shall conduct a public hearing on the proposed resolution. Not
later than thirty days prior to the public hearing, the board
shall give notice of the public hearing and the proposed
resolution by first class mail to every real property owner whose
property is located within the boundaries of the proposed
incentive district that is the subject of the proposed resolution.
The board also shall provide the notice by first class mail to the
clerk of each township in which the proposed incentive district
will be located.
(3)(a) A resolution adopted under division (B)(1) of this
section shall specify the life of the incentive district and the
percentage of the improvements to be exempted, shall designate the
public infrastructure improvements made, to be made, or in the
process of being made, that benefit or serve, or, once made, will
benefit or serve parcels in the district. The resolution also
shall identify one or more specific projects being, or to be,
undertaken in the district that place additional demand on the
public infrastructure improvements designated in the resolution.
The project identified may, but need not be, the project under
division (B)(3)(b) of this section that places real property in
use for commercial or industrial purposes.
A resolution adopted under division (B)(1) of this section on
or after March 30, 2006, shall not designate police or fire
equipment as public infrastructure improvements, and no service
payment provided for in section 5709.79 of the Revised Code and
received by the county under the resolution shall be used for
police or fire equipment.
(b) A resolution adopted under division (B)(1) of this
section may authorize the use of service payments provided for in
section 5709.79 of the Revised Code for the purpose of housing
renovations within the incentive district, provided that the
resolution also designates public infrastructure improvements that
benefit or serve the district, and that a project within the
district places real property in use for commercial or industrial
purposes. Service payments may be used to finance or support
loans, deferred loans, and grants to persons for the purpose of
housing renovations within the district. The resolution shall
designate the parcels within the district that are eligible for
housing renovations. The resolution shall state separately the
amount or the percentages of the expected aggregate service
payments that are designated for each public infrastructure
improvement and for the purpose of housing renovations.
(4) Except with the approval of the board of education of
each city, local, or exempted village school district within the
territory of which the incentive district is or will be located,
and subject to division (D) of this section, the life of an
incentive district shall not exceed ten years, and the percentage
of improvements to be exempted shall not exceed seventy-five per
cent. With approval of the board of education, the life of a
district may be not more than thirty years, and the percentage of
improvements to be exempted may be not more than one hundred per
cent. The approval of a board of education shall be obtained in
the manner provided in division (C) of this section.
(C)(1) Improvements with respect to a parcel may be exempted
from taxation under division (A) of this section, and improvements
to parcels within an incentive district may be exempted from
taxation under division (B) of this section, for up to ten years
or, with the approval of the board of education of each city,
local, or exempted village school district within which the parcel
or district is located, for up to thirty years. The percentage of
the improvements exempted from taxation may, with such approval,
exceed seventy-five per cent, but shall not exceed one hundred per
cent. Not later than forty-five business days prior to adopting a
resolution under this section declaring improvements to be a
public purpose that is subject to the approval of a board of
education under this division, the board of county commissioners
shall deliver to the board of education a notice stating its
intent to adopt a resolution making that declaration. The notice
regarding improvements with respect to a parcel under division (A)
of this section shall identify the parcels for which improvements
are to be exempted from taxation, provide an estimate of the true
value in money of the improvements, specify the period for which
the improvements would be exempted from taxation and the
percentage of the improvements that would be exempted, and
indicate the date on which the board of county commissioners
intends to adopt the resolution. The notice regarding improvements
to parcels within an incentive district under division (B) of this
section shall delineate the boundaries of the district,
specifically identify each parcel within the district, identify
each anticipated improvement in the district, provide an estimate
of the true value in money of each such improvement, specify the
life of the district and the percentage of improvements that would
be exempted, and indicate the date on which the board of county
commissioners intends to adopt the resolution. The board of
education, by resolution adopted by a majority of the board, may
approve the exemption for the period or for the exemption
percentage specified in the notice; may disapprove the exemption
for the number of years in excess of ten, may disapprove the
exemption for the percentage of the improvements to be exempted in
excess of seventy-five per cent, or both; or may approve the
exemption on the condition that the board of county commissioners
and the board of education negotiate an agreement providing for
compensation to the school district equal in value to a percentage
of the amount of taxes exempted in the eleventh and subsequent
years of the exemption period or, in the case of exemption
percentages in excess of seventy-five per cent, compensation equal
in value to a percentage of the taxes that would be payable on the
portion of the improvements in excess of seventy-five per cent
were that portion to be subject to taxation, or other mutually
agreeable compensation.
(2) The board of education shall certify its resolution to
the board of county commissioners not later than fourteen days
prior to the date the board of county commissioners intends to
adopt its resolution as indicated in the notice. If the board of
education and the board of county commissioners negotiate a
mutually acceptable compensation agreement, the resolution of the
board of county commissioners may declare the improvements a
public purpose for the number of years specified in that
resolution or, in the case of exemption percentages in excess of
seventy-five per cent, for the exemption percentage specified in
the resolution. In either case, if the board of education and the
board of county commissioners fail to negotiate a mutually
acceptable compensation agreement, the resolution may declare the
improvements a public purpose for not more than ten years, and
shall not exempt more than seventy-five per cent of the
improvements from taxation. If the board of education fails to
certify a resolution to the board of county commissioners within
the time prescribed by this section, the board of county
commissioners thereupon may adopt the resolution and may declare
the improvements a public purpose for up to thirty years or, in
the case of exemption percentages proposed in excess of
seventy-five per cent, for the exemption percentage specified in
the resolution. The board of county commissioners may adopt the
resolution at any time after the board of education certifies its
resolution approving the exemption to the board of county
commissioners, or, if the board of education approves the
exemption on the condition that a mutually acceptable compensation
agreement be negotiated, at any time after the compensation
agreement is agreed to by the board of education and the board of
county commissioners. If a mutually acceptable compensation
agreement is negotiated between the board of county commissioners
and the board of education, including agreements for payments in
lieu of taxes under section 5709.79 of the Revised Code, the board
of county commissioners shall compensate the joint vocational
school district within which the parcel or district is located at
the same rate and under the same terms received by the city,
local, or exempted village school district.
(3) If a board of education has adopted a resolution waiving
its right to approve exemptions from taxation under this section
and the resolution remains in effect, approval of such exemptions
by the board of education is not required under division (C) of
this section. If a board of education has adopted a resolution
allowing a board of county commissioners to deliver the notice
required under division (C) of this section fewer than forty-five
business days prior to approval of the resolution by the board of
county commissioners, the board of county commissioners shall
deliver the notice to the board of education not later than the
number of days prior to such approval as prescribed by the board
of education in its resolution. If a board of education adopts a
resolution waiving its right to approve exemptions or shortening
the notification period, the board of education shall certify a
copy of the resolution to the board of county commissioners. If
the board of education rescinds such a resolution, it shall
certify notice of the rescission to the board of county
commissioners.
(D)(1) If a proposed resolution under division (B)(1) of this
section exempts improvements with respect to a parcel within an
incentive district for more than ten years, or the percentage of
the improvement exempted from taxation exceeds seventy-five per
cent, not later than forty-five business days prior to adopting
the resolution the board of county commissioners shall deliver to
the board of township trustees of any township within which the
incentive district is or will be located a notice that states its
intent to adopt a resolution creating an incentive district. The
notice shall include a copy of the proposed resolution, identify
the parcels for which improvements are to be exempted from
taxation, provide an estimate of the true value in money of the
improvements, specify the period of time for which the
improvements would be exempted from taxation, specify the
percentage of the improvements that would be exempted from
taxation, and indicate the date on which the board intends to
adopt the resolution.
(2) The board of township trustees, by resolution adopted by
a majority of the board, may object to the exemption for the
number of years in excess of ten, may object to the exemption for
the percentage of the improvement to be exempted in excess of
seventy-five per cent, or both. If the board of township trustees
objects, the board of township trustees may negotiate a mutually
acceptable compensation agreement with the board of county
commissioners. In no case shall the compensation provided to the
board of township trustees exceed the property taxes forgone due
to the exemption. If the board of township trustees objects, and
the board of township trustees and the board of county
commissioners fail to negotiate a mutually acceptable compensation
agreement, the resolution adopted under division (B)(1) of this
section shall provide to the board of township trustees
compensation in the eleventh and subsequent years of the exemption
period equal in value to not more than fifty per cent of the taxes
that would be payable to the township or, if the board of township
trustee's objection includes an objection to an exemption
percentage in excess of seventy-five per cent, compensation equal
in value to not more than fifty per cent of the taxes that would
be payable to the township on the portion of the improvement in
excess of seventy-five per cent, were that portion to be subject
to taxation. The board of township trustees shall certify its
resolution to the board of county commissioners not later than
thirty days after receipt of the notice.
(3) If the board of township trustees does not object or
fails to certify a resolution objecting to an exemption within
thirty days after receipt of the notice, the board of county
commissioners may adopt its resolution, and no compensation shall
be provided to the board of township trustees. If the board of
township trustees certifies its resolution objecting to the
commissioners' resolution, the board of county commissioners may
adopt its resolution at any time after a mutually acceptable
compensation agreement is agreed to by the board of county
commissioners and the board of township trustees. If the board of
township trustees certifies a resolution objecting to the
commissioners' resolution, the board of county commissioners may
adopt its resolution at any time after a mutually acceptable
compensation agreement is agreed to by the board of county
commissioners and the board of township trustees, or, if no
compensation agreement is negotiated, at any time after the board
of county commissioners in the proposed resolution to provide
compensation to the board of township trustees of fifty per cent
of the taxes that would be payable to the township in the eleventh
and subsequent years of the exemption period or on the portion of
the improvement in excess of seventy-five per cent, were that
portion to be subject to taxation.
(E) Service payments in lieu of taxes that are attributable
to any amount by which the effective tax rate of either a renewal
levy with an increase or a replacement levy exceeds the effective
tax rate of the levy renewed or replaced, or that are attributable
to an additional levy, for a levy authorized by the voters for any
of the following purposes on or after January 1, 2006, and which
are provided pursuant to a resolution creating an incentive
district under division (B)(1) of this section that is adopted on
or after January 1, 2006, shall be distributed to the appropriate
taxing authority as required under division (D) of section 5709.79
of the Revised Code in an amount equal to the amount of taxes from
that additional levy or from the increase in the effective tax
rate of such renewal or replacement levy that would have been
payable to that taxing authority from the following levies were it
not for the exemption authorized under division (B) of this
section:
(1) A tax levied under division (L) of section 5705.19 or
section 5705.191 of the Revised Code for community mental
retardation and developmental disabilities programs and services
pursuant to Chapter 5126. of the Revised Code;
(2) A tax levied under division (Y) of section 5705.19 of the
Revised Code for providing or maintaining senior citizens services
or facilities;
(3) A tax levied under section 5705.22 of the Revised Code
for county hospitals;
(4) A tax levied by a joint-county district or by a county
under section 5705.19, 5705.191, or 5705.221 of the Revised Code
for alcohol, drug addiction, and mental health services or
facilities;
(5) A tax levied under section 5705.23 of the Revised Code
for library purposes;
(6) A tax levied under section 5705.24 of the Revised Code
for the support of children services and the placement and care of
children;
(7) A tax levied under division (Z) of section 5705.19 of the
Revised Code for the provision and maintenance of zoological park
services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of
section 5705.19 of the Revised Code for the support of township
park districts;
(9) A tax levied under division (A), (F), or (H) of section
5705.19 of the Revised Code for parks and recreational purposes of
a joint recreation district organized pursuant to division (B) of
section 755.14 of the Revised Code;
(10) A tax levied under section 1545.20 or 1545.21 of the
Revised Code for park district purposes;
(11) A tax levied under section 5705.191 of the Revised Code
for the purpose of making appropriations for public assistance;
human or social services; public relief; public welfare; public
health and hospitalization; and support of general hospitals;
(12) A tax levied under section 3709.29 of the Revised Code
for a general health district program;
(13) A tax levied under section 505.39 or division (I) of
section 5705.19 of the Revised Code for the purpose of funding
fire, emergency medical, and ambulance services as described in
that section and division;
(14) A tax levied under division (J) of section 5705.19 of
the Revised Code for the purpose of police protection, emergency
medical, and ambulance services as described in that division.
(F) An exemption from taxation granted under this section
commences with the tax year specified in the resolution so long as
the year specified in the resolution commences after the effective
date of the resolution. If the resolution specifies a year
commencing before the effective date of the resolution or
specifies no year whatsoever, the exemption commences with the tax
year in which an exempted improvement first appears on the tax
list and duplicate of real and public utility property and that
commences after the effective date of the resolution. Except as
otherwise provided in this division, the exemption ends on the
date specified in the resolution as the date the improvement
ceases to be a public purpose or the incentive district expires,
or ends on the date on which the county can no longer require
annual service payments in lieu of taxes under section 5709.79 of
the Revised Code, whichever occurs first. The exemption of an
improvement with respect to a parcel or within an incentive
district may end on a later date, as specified in the resolution,
if the board of commissioners and the board of education of the
city, local, or exempted village school district within which the
parcel or district is located have entered into a compensation
agreement under section 5709.82 of the Revised Code with respect
to the improvement, and the board of education has approved the
term of the exemption under division (C)(1) of this section, but
in no case shall the improvement be exempted from taxation for
more than thirty years. Exemptions shall be claimed and allowed in
the same or a similar manner as in the case of other real property
exemptions. If an exemption status changes during a tax year, the
procedure for the apportionment of the taxes for that year is the
same as in the case of other changes in tax exemption status
during the year.
(G) If the board of county commissioners is not required by
this section to notify the board of education of the board of
county commissioners' intent to declare improvements to be a
public purpose, the board of county commissioners shall comply
with the notice requirements imposed under section 5709.83 of the
Revised Code before taking formal action to adopt the resolution
making that declaration, unless the board of education has adopted
a resolution under that section waiving its right to receive such
a notice.
(H) The county, not later than fifteen days after the
adoption of a resolution under this section, shall submit to the
director of development a copy of the resolution. On or before the
thirty-first day of March of each year, the county shall submit a
status report to the director of development. The report shall
indicate, in the manner prescribed by the director, the progress
of the project during each year that an exemption remains in
effect, including a summary of the receipts from service payments
in lieu of taxes; expenditures of money from the fund created
under section 5709.80 of the Revised Code; a description of the
public infrastructure improvements and housing renovations
financed with such expenditures; and a quantitative summary of
changes in employment and private investment resulting from each
project.
(I) Nothing in this section shall be construed to prohibit a
board of county commissioners from declaring to be a public
purpose improvements with respect to more than one parcel.
(J) If a parcel is located in a new community district in
which the new community authority imposes a community development
charge on the basis of rentals received from leases of real
property as described in division (L)(2) of section 349.01 of the
Revised Code, the parcel may not be exempted from taxation under
this section.
Section 2. That existing sections 5709.40, 5709.73, and
5709.78 of the Revised Code are hereby repealed.
Section 3. The amendment by this act of sections 5709.40,
5709.73, and 5709.78 of the Revised Code applies to service
payments in lieu of taxes charged and payable for tax year 2013
and thereafter.
Section 4. Sections 5709.40 and 5709.73 of the Revised Code
are presented in this act as composites of the sections as amended
by both Am. Sub. H.B. 508 and Am. Sub. H.B. 509 of the 129th
General Assembly. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the
resulting versions of those sections in effect prior to the
effective date of the sections as presented in this act.
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